Traumatic Brain Injury Services Coordinating Council
Meeting Minutes
Friday, May 31, 2013
10:30am – 3:30pm
Empire State Plaza, Concourse Level, Meeting Room 125
Topic
Attendance
Welcome and
Introduction of
new members
Brain Injury
Association of
New York State(BIANYS)
Recommendations
Discussion
Present: Michael Kaplen, Barry Dain, Michael Davison, Timothy Pruce, Lisa Robateau-Epps, Joseph
Vollaro, Megan Clothier, Debby Zetterstrom, Gerri Malone, Colleen Scott, Nina Baumbach, Cher
Montayne, and Lydia Kosinski
Absent: Kenneth Ingenito, Meredith Klein
Ad-hoc Members Present: Ann Marie Calabrese, Barry Jordan, Judith Avner
DOH Staff: Helen Hines, Christopher Phillips, Kitty Gelberg and Cheryl Veith
 The meeting was called to order; Michael Kaplen presided over the meeting.
 A quorum was present and it was decided to table a motion to accept minutes from the 1/23/13 meeting
until later in the day to give members time to review.
 Michael Kaplen introduced the day’s agenda and two new members to the Council, Joseph Vollaro and
Megan Clothier. Mr. Kaplen asked each to new member to introduce themselves and their experience
to the council.
 Joseph Vollaro introduced himself. He stated that he is a licensed clinical neuropsychologist who
specializes in treating individuals with traumatic brain injury. He stated that he is a TBI and NHTD
waiver provider on Long Island, and has been involved with the waivers for the last thirteen years. Dr.
Vollaro said that he is eager to be a part of the council, to serve the citizens of New York State and to
improve the lives of individuals with brain injuries.
 Megan Clothier introduced herself and stated that she has been involved in work around brain injury
for the last few years. She told the council that she experienced a brain injury when she was hit by a
drunk driver while in college. She stated that she is from Lake George and speaks at local high schools
about the effects of drinking and driving. She explained that she likes to educate others about brain
injury because she has learned that brain injury affects people differently, and that everyone with a
brain injury needs individualized services to meet their respective needs.
Judith Avner, BIANYS
Ms. Avner presented Recommendations to Amend the Laws of New York, 1994: Chapter 196 to the
council. She stated that BIANYS Public Policy Committee took on this work in recognition of the fact that
the field of brain injury has evolved a great deal since 1994. Amendment of this law was also a
recommendation included in the NYS Traumatic Brain Injury Five-Year Action Plan issued by the
Department of Health in 2012. She summarized the two most significant changes in the
recommendations. They are:
 To establish an Office of Brain Injury within the Office of Public Health (within DOH) to have
responsibility for administering the provisions of this article and otherwise coordinate the state’s
policies with respect to brain injury. This is in response to fragmentation within the current system
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Action/Next
Steps/Who/When
Recommendations
to Amend the Laws
of New York, 1994:
Chapter 196
Senate Bill Number
S5148-2013
Traumatic Brain Injury Services Coordinating Council
Meeting Minutes
Friday, May 31, 2013
10:30am – 3:30pm
Empire State Plaza, Concourse Level, Meeting Room 125
Topic
Discussion
Action/Next
Steps/Who/When
and to acknowledge that brain injury is a public health issue as well as the chronic nature of the
injury.
 Change the TBISCC to be advisory to the Governor rather than the Commissioner of the
Department of Health. This is in response to the multiagency reach of state policies with respect to
brain injury. This change will allow for the most comprehensive infiltration of recommendations
across departments and programs.
Ms. Avner advised that BIANYS leadership has been visiting the legislature and reached out to Senator
Libous, the author and sponsor of the Laws of New York, 1994:Chapter 196, and are pleased that Senator
Libous has drafted and sponsored Senate Bill, S-5148, which incorporates BIANYS recommended changes
to the Laws of New York, 1994:Chapter 196. She states that BIANYS is currently looking for a sponsor in
the Assembly.
State Agency
Updates
The council members present were all given the opportunity to comment on the recommendations.
Council member comments were very enthusiastic and expressed support and gratitude. The council
discussed the idea of voting to recommend supporting BIANYS recommendations and Senate bill S-5148
to the Commissioner of DOH. It was decided that this will be done later in the day to give members time
to review each document thoroughly.
New York State Education Department (NYSED)-ACCESS-VR - Gerri Malone
Provides vocational and employment services (e.g. job coach) to individuals with substantive physical or
mental impairment. Of the 87,774 served in 2012, only 1015 (1.2%) are recorded as having a TBI,
although many others have a similar diagnosis (e.g. cognitive deficit). An RFP was recently issued seeking
Access-VR providers; TBI waiver providers could provide services. Technical Assistance Bulletins are
available on-line for guidance, but unclear how much TBI patient specific training is available.
Update of 2012
Five-Year TBI
Office of Persons with Developmental Disabilities (OPWDD) - Nina Baumbach
Action Plan
Many changes going on, see website. Moving towards Managed Care system, coordinated assessment
Implementation
tool, standardizing processes, training, education across all regions, streamlined self-directed services.
This new “front door” will promote easier access for all.
Office of Mental Health (OMH) - Debby Zeterstrom
Multiple recent changes in agency. OMH has limited role for persons with acquired brain injury, but new
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Traumatic Brain Injury Services Coordinating Council
Meeting Minutes
Friday, May 31, 2013
10:30am – 3:30pm
Empire State Plaza, Concourse Level, Meeting Room 125
Topic
Discussion
Action/Next
Steps/Who/When
involvement of acting commissioner regarding streamlining access to care has taken place.
Commission on the Quality of Care and Advocacy for Persons with Disabilities (CQC) – Colleen
Scott
On July 1, 2013, the Justice Center for the Protection of People With Special Needs will assume most CQC
responsibilities. Contract with Disability Rights New York extended for 15 months. Protection and
Advocacy (P&A) System and Client Assistance Program (CAP) transferred June 1, 2013 to Disability
Rights New York (Disability Advocates, Inc.) Contacted DOH regarding multiple complaints about one
provider.
Office of Victim Services (OVS) – Ann Marie Calabrese (ad hoc member)
Provides medical care, victim assistance, etc. to about 17,000 victims per year. Number of these with TBI
unavailable. Striving to raise awareness of the range of OVS services available.
Review of Minutes
1/23/13
Election of Chair
Discussion of
Council Bylaw
Department of Health (DOH) – Lydia Kosinski/Helen Hines/Kitty Gelberg
Lydia Kosinski - Approximately 2800 people receive TBI waiver services. Ongoing efforts to transfer
recipients to Managed Care and Managed Long Term Care programs by end of 2015, with current services
and levels, presents challenges.
Helen Hines - Five year action plan moving forward; enhancing public knowledge, access to community
based services, and provider training, including EMS.
Kitty Gelberg - Discussed Injury Prevention’s current efforts, including activities with SED regarding
sports concussions, and making information available for interested stakeholders (e.g on the DOH
website.)
The minutes were reviewed. A motion to accept was made by Mr. Dain and seconded by Mr. Pruce. All
in favor. Minutes were approved.
Final minutes emailed to members
6/3/13
The two candidates, Barry Dain and Michael Kaplen, each expressed a desire to serve as chair, spoke of his
qualifications to serve, and presented a vision for the future of the TBISCC. Twelve members were
eligible to vote and the election was overseen by Mark Kissinger, DOH staff, and Peter Kahrmann. The
results were: Seven (7) votes for Barry Dain; Five (5) votes for Michael Kaplen. Mr. Kaplen chaired the
remainder of the meeting.
A first draft version of the revised bylaws was discussed at length and further revisions suggested. A
Discussion
revised draft will be provided to members for further discussion at the next TBISCC meeting.
documents
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Traumatic Brain Injury Services Coordinating Council
Meeting Minutes
Friday, May 31, 2013
10:30am – 3:30pm
Empire State Plaza, Concourse Level, Meeting Room 125
Topic
Discussion
Revisions
New Business

Mr. Kaplen introduced a press release, dated 5/30/13, reporting IG audit finding that DOH improperly
billed CMS $54 million for Medicaid TBI reimbursement for 2007 through 2009. DOH has refuted
the methodology used for the audit and has conducted due diligence to revise billing and other
procedures and other criteria. No clients will be harmed.

Dr. Vollaro suggested topics for the next meeting: Uniform Assessment System (UAS-NY) and
Managed Long Term Care (MLTC).
Public Commment There was no public comment.
Next Meeting

The next Council meeting is scheduled for 9/30/13. The meeting was adjourned.
4
Action/Next
Steps/Who/When
provided